Title 46 — Criminal Justice

The following definitions are applicable in this chapter unless the context otherwise requires: (a) “Criminal homicide” means conduct which causes the death of a person under circumstances constituting murder in the 1st or 2nd degree, manslaughter, or criminally negligent homicid…

(a) A person commits the crime of murder in the 1st degree if: (1) intending or knowing that his conduct will cause death or serious bodily injury, he causes the death of another person with deliberation; or (2) acting either alone or with 1 or more other persons, he commits or a…

(a) A person commits the crime of murder in the 2nd degree if: (1) he intentionally causes the death of another person; (2) knowing that his conduct will cause death or serious physical injury, he causes the death of another person; or (3) under circumstances manifesting extreme …

(a) Criminal homicide constitutes manslaughter when: (1) it is committed recklessly; or (2) a homicide which would otherwise be murder is committed under the influence of extreme mental or emotional disturbance for which there is reasonable explanation or excuse; the reasonablene…

(a) A person commits the crime of criminally negligent homicide if, with criminal negligence, he causes the death of another person. (b) Criminally negligent homicide is a class D felony. History: 1979, PL 16-43 § 2.

(a) A person is guilty of promoting suicide when he intentionally causes or aids another person to attempt suicide, or when he intentionally aids another person to commit suicide. (b) Promoting suicide is a class D felony. History: 1979, PL 16-43 § 2.

(a) At the conclusion of all trials upon an indictment or information for murder in the 1st degree heard by a jury, and after argument of counsel and proper charge from the court, the jury retires to consider a verdict of guilty or not guilty without any consideration of punishme…

(a) Where the jury or judge returns a verdict or finding of guilty of murder in the 1st degree, the court resumes the trial and conducts a presentence hearing before the jury or judge at which time the only issue is the determination of the punishment to be imposed. In the hearin…

If the trial court is reversed on appeal because of error only in the presentence hearing, the new trial which may be ordered applies only to the issue of punishment. History: 1979, PL 16-43 § 2.

Persons convicted of the offense of murder in the 1st degree shall, if the judge or jury so recommends after complying with the provisions of 46.3510 through 46.3512 and 46.3514, be punished by death. If the judge or jury does not recommend the imposition of the death penalty on …

(a) In cases of 1st degree murder, the judge or jury may impose the death penalty only if one or more of the statutory aggravating circumstances is proven. There is no mandatory death penalty. (b) One or more of the statutory aggravating circumstances must be proved to impose the…

(a) Whenever the death penalty is imposed in any case, and upon the judgment becoming final in the trial court, the sentence is reviewed on the record by the High Court of American Samoa. (b) The High Court considers the punishment as well as any errors listed by way of appeal. (…

If the United States Supreme Court or the High Court of American Samoa declares the death penalty to be in violation of any provision of the Constitution of the United States or the Constitution of American Samoa, any killing in which the death penalty could otherwise be properly…

(a) A person commits the crime of assault in the 1st degree if: (1) he purposely or knowingly causes serious physical injury to another person; or (2) he attempts to kill or to cause serious physical injury to another person; or (3) under circumstances manifesting extreme indiffe…

(a) A person commits the crime of assault in the 2nd degree if: (1) he knowingly causes or attempts to cause physical injury to another person by means of a deadly weapon or dangerous instrument; (2) he recklessly causes serious physical injury to another person; or (3) he attemp…

(a) A person commits the crime of assault in the 3rd degree if: (1) he attempts to cause or recklessly causes physical injury to another person; (2) with criminal negligence he causes physical injury to another person by means of a deadly weapon; or (3) he purposely places anothe…

(a) When conduct is charged to constitute an offense because it causes or threatens physical injury, consent to that conduct or to the infliction of the injury is a defense only if: (1) the physical injury consented to or threatened by the conduct is not serious physical injury; …

(a) A person commits the crime of harassment if, with the purpose to harass, annoy, or alarm another person, he: (1) communicates with a person by telephone, telegraph, mail, or any other form of written communication in a manner which he knows is likely to cause annoyance or ala…

(a) A person commits the crime of stalking if he purposely or knowingly engages in a course of conduct that is directed toward another person and that conduct: (1) causes reasonable fear of harm to the physical health, safety, or property of such person, a member of his immediate…

(a) It is an element of the offenses described in 46.3531 through 46.3533 that the confinement, movement, or restraint be committed without the consent of the victim. (b) Lack of consent results from: (1) forcible compulsion; or (2) incapacity to consent. (c) A person is consider…

(a) A person commits the crime of kidnapping if he unlawfully removes another without his consent from the place where lie is found or unlawfully confines another without his consent for a substantial period, for the purpose of: (1) holding that person for ransom or reward or for…

(a) A person commits the crime of felonious restraint if he knowingly restrains another unlawfully and without consent interferes substantially with his liberty and exposes him to a substantial risk of serious physical injury. (b) Felonious restraint is a class C felony. History:…

(a) A person commits the crime of false imprisonment if he knowingly restrains another unlawfully and without consent interferes substantially with his liberty. (b) False imprisonment is a class A misdemeanor unless the person unlawfully restrained is removed from the territory, …

(a) A person does not commit false imprisonment under 46.3533 if the person restrained is a child under the age of 17, and: (1) a parent, guardian, or other person responsible for the general supervision of the child’s welfare has consented to the restraint; or (2) the actor is a…

(a) A person commits the crime of interference with custody if, knowing that he has no legal right to do so he takes or entices from lawful custody any person entrusted by order of a court to the custody of another person or institution. (b) Interference with custody is a class A…